[TX] How can I customize a postnuptial agreement to cover spousal support, disability benefits, asset division, and debts?

Lexi, Chatbot

I understand that finding the right legal support can be challenging. What specific legal issue are you facing that requires a lawyer's assistance?

Lexi, Chatbot

Have you already consulted with any lawyers regarding this matter, or is this your first time seeking legal help?

TJ, Esq.

Hello! My name is TJ, and I’m an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you! How can I help you? What is your legal issue?

TJ, Esq.

I hear you on wanting to customize a postnuptial agreement to fit your specific situation. That kind of planning takes real thought, and it's good you're being intentional about what you want included. What state are you in, and what are a couple of the main items you're looking to add or modify? Thank you! PS: I do my best to keep chats going in real time, but if there's a delay on my end, please don't worry. The chat doesn't close and I'll get back to you as soon as I can. There's no rush on your end either!

TJ, Esq.

Hello again. Yup, I'm a real person and attorney. All of what you're describing is definitely doable in a postnuptial agreement in Texas. Here's what I'm seeing.

The spousal support piece with a minimum floor that adjusts upward based on actual income is workable. You'd structure it so there's a guaranteed minimum, but if his income exceeds a certain threshold, you get a percentage of that excess. That protects you if income fluctuates while also incentivizing transparency about what he actually earns.

The disability policy language is important. You'll want to specify that any disability benefits he receives count as income for purposes of the spousal support calculation, and that you're entitled to half of those payments. This closes a potential loophole where he could claim lower income while collecting disability.

The separate debt provision is standard, and Texas courts generally respect those. Each party takes responsibility for debts incurred in their own name. Just make sure it's clear whether this applies to debts incurred before or after the agreement, or both.

The asset split at 50/50 and return of separate property funds is straightforward. Texas recognizes separate property, so documenting what's yours going in protects that.

When you say he has this disability policy, is it through his employer, or is it a private policy he purchased on his own?

TJ, Esq.

1. For the spousal support section, you'll want to replace their standard language with something like: "Spouse A shall pay Spouse B a minimum of $x per month. However, if Spouse A's total monthly income (including salary, overtime, bonuses, equity distributions, rental income, and all other income sources) exceeds $y, then Spouse A shall pay Spouse B fifty percent (50 percent) of all income above that threshold amount." This gives you the floor while capturing upside. (TX Fam Code § 8.052)
2. For the disability policy, add language stating that any disability benefits Spouse A receives are considered income for spousal support purposes, and Spouse A shall pay Spouse B fifty percent of those benefits.
3. For life insurance, add a section requiring that all current life insurance policies naming either you or the children as beneficiaries remain in force and cannot be cancelled or modified without your written consent.
4. Since basically everything is community property at this point, you might simplify the asset division language to state that all community assets accumulated during the marriage will be divided 50/50 in any divorce, and any separate property either party brought in or received by gift or inheritance will be returned to that party. (TX Fam Code § 4.102)

Are you planning to have him review and sign this agreement, or are you working through this independently right now? One thing to keep in mind: when you do finalize this, both of you should have the opportunity to review it and ideally have it signed in front of a notary. Texas doesn't require an attorney to sign a postnuptial agreement, but having both parties review it (ideally with separate attorneys, though that's not required) strengthens the agreement if it's ever challenged later.

Did that give you a clear picture of how to move forward? Is there anything else about the customization process or the specific language you'd want to include that I can help clarify? Thank you so much for working through this with me.

TJ, Esq.

You're very welcome! I'm glad I could help. Thanks so much for using our service. Feel free to reach out anytime you need help with a legal question!